Blackwell v. State

Full title: Danny BLACKWELL, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 22, 2006

944 So. 2d 538 (Fla. Dist. Ct. App. 2006)

Opinion

No. 5D05-4441.

December 22, 2006.

Appeal from the Circuit Court for St. Johns County, J. Michael Traynor, Judge.

James S. Purdy, Public Defender, and Dee Ball, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. See Fitzpatrick v. State, 900 So.2d 495, 517-18 (Fla. 2005) (holding that the test for suppression of an out-of-court identification is (i) whether the police used an unnecessarily suggestive procedure to obtain the out-of-court identification; and (ii) if so, considering all the circumstances, whether the suggestive procedure gave rise to a substantial likelihood of irreparable misidentification).

THOMPSON, ORFINGER and TORPY, JJ., concur.